Utah Code > Title 32B > Chapter 4 > Part 3 – Criminal Offenses in General
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Terms Used In Utah Code > Title 32B > Chapter 4 > Part 3 - Criminal Offenses in General
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
- Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
- Employer: includes an agent of an employer. See Utah Code 67-21-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Health care practitioner: means :
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act; (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act; (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy Practice Act; (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act; (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act; (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act; (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; and (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 32B-1-102 - Hotel: includes a commercial lodging establishment that:
(i) meets the requirements under Subsection (53)(a); and (ii) has one or more privately owned dwelling units. See Utah Code 32B-1-102 - intoxication: means that
an individual exhibits plain and easily observable outward manifestations of behavior or physical signs produced by or as a result of the use of:(a) an alcoholic product; (b) a controlled substance; (c) a substance having the property of releasing toxic vapors; or (d) a combination of products or substances described in Subsections (60)(a) through (c). See Utah Code 32B-1-102 - License: means :
(a) a retail license; (b) a sublicense; (c) a license issued in accordance with 4; (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act; (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or (g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102 - Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
- Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means :Utah Code 68-3-12.5
- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- Record: includes :
(i) a book; (ii) a book of account; (iii) a paper; (iv) a contract; (v) an agreement; (vi) a document; or (vii) a recording in any medium. See Utah Code 32B-1-102 - Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Staff: includes :
(i) an officer; (ii) a director; (iii) an employee; (iv) personnel management; (v) an agent of the licensee, including a managing agent; (vi) an operator; or (vii) a representative. See Utah Code 32B-1-102 - State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Sublicense: means :
(b) a spa sublicense. See Utah Code 32B-1-102 - United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Hotel: includes a commercial lodging establishment that: